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Do we have to depreciate our shed asset for LLC partnership or can we use section 179 deduction?

Forum|Forum|7 years ago
June 5, 2019
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My sister and I started an LLC partnership in 2017 to run our clothing business. We built a shed in her backyard that is used 100% for the business. Do we have to depreciate the cost over the course of 27.5 years or can we elect the section 179 deduction for this asset? We only spent around $5,000 to build it.

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Best answer by JulieH1

It depends.

The issue boils down to is the shed a "structure" or a "building."

I could not specifically find a shed for a clothing business in IRS cases, but I did find plenty of them with reference to farms and dog breeding businesses. If the shed is a structure that is not permanent in nature then you can use the 179 deductions under personal property.

If the shed is a "building" then it is real property and does not qualify for the Section 179 Deduction. Real Property is typically defined as land, buildings, permanent structures and the components of the permanent structures (including improvements). Other examples of property that would not qualify for the Section 179 Deduction include paved parking areas and fences.

As you can see it depends on the facts of your situation. If you use the 179, just keep your receipts to show the inexpensive nature of the shed if you ever get audited you can make your case that it's a structure:)

J

JulieH1Answer

It depends.

The issue boils down to is the shed a "structure" or a "building."

I could not specifically find a shed for a clothing business in IRS cases, but I did find plenty of them with reference to farms and dog breeding businesses. If the shed is a structure that is not permanent in nature then you can use the 179 deductions under personal property.

If the shed is a "building" then it is real property and does not qualify for the Section 179 Deduction. Real Property is typically defined as land, buildings, permanent structures and the components of the permanent structures (including improvements). Other examples of property that would not qualify for the Section 179 Deduction include paved parking areas and fences.

As you can see it depends on the facts of your situation. If you use the 179, just keep your receipts to show the inexpensive nature of the shed if you ever get audited you can make your case that it's a structure:)

Q

quin1

This helps me with my questions as well, so thank you! I'm wondering if my shed built to hold/store tools for my excavation business. I built it, and I built it to be able to move it. No foundation etc. I feel I am able to take the section 179, but wondering which area in turbo tax (general equipment, area or "other property") I'm assuming the general equipment area, but wanted another opinion. Thanks again!

D

Davejoseph84

Can I ask a follow-up question? I work as a handyman and priced out a shed and a "metal building" for me to perform my work in. The metal building is basically an erector set on site and is attached to the ground with mobile home anchors. These buildings can be unbolted and moved from location to location, it is done very regularly with this company. They are installing it for me but if I ever move they will uninstall it and move it to the new location for me. Would this qualify under 179? Especially since it's cheaper than the shed? The shed was going to cost me $6,000, the"metal building" cost $5400.

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Ashli Rouw

My client is a handyman as well. I would say that metal structure sounds like it is NOT permanent. Permanent is more like the foundation of the structure is solid and would take active construction to move/remove the structure. Think barn like the person said above. A barn is an immense job to remove/move. Anything that you would simply unbolt a few anchors/clips like those storage pod items would be temporary IMO. I hope this helps.

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Anonymous

rather than 179 which is limited to business income and can present some issues if disposed of before the end of its depreciable life, I would take 100% bonus depreciation. you get the same tax deduction for the cost, but it is not limited to business income and not subject to depreciation recapture unless sold. the issue I see is exactly what class these items fall into. if the IRS were to say they're land improvements 179 would not be allowed. but bonus would.